Legal Question in Civil Litigation in Kansas

Libel

I sold a book on eBay. The First sentence of description read: ''Though the bumps, bruises and other flaws will prevent the serious book collector

from bidding on this item...'' Bidder won the auction, received the book. Never wrote with any complaint but left comment me feedback on the Ebay web site, available and read by millions of bidders; ''Even tho(sic)I requested more pictures, fact that this was library book was concealed.''

I did omit the source of this book. I would have told her if she had asked. eBay advises all bidders to 'ask all questions prior to bidding.''

I feel this statement accuses me dishonesty & fraud by implication. It is possible this will cause people to decide against bidding on my items. Our feedback rating is relevant here. My rating is 800 positive responses 6. Her rating 27+ with 0- negatives. she has left 35 feedback to others; 6 of them negative/neutral. I feel she intended to damage my reputation. Is legal action in order?


Asked on 11/18/02, 6:36 am

1 Answer from Attorneys
Todd Epp Abourezk & Epp Law Offices

Re: Libel

I too am a frequent Ebay buyer and seller and understand the importance of positive feedback. Before contemplating a lawsuit, why don't you email the person back with the information you included in your lawguru post and ask them to add a reply? While it won't fix the negative rating, it will soften it.

As to a defamation claim, I think you have will have some difficulty recovering anything. First, was not saying the book was a library book fraud or misrepresentation? I don't think it is but it is arguable. Then there is the matter of damages. Have you lost sales? How do you know? Also, from a practical point of view, you will have difficulty, in my opinion, finding an attorney to take such a case because of the likelihood of a small recovery.

Please let me know if you have any further questions.

Best regards,

Todd D. Epp

[email protected]

Licensed in SD and KS

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Answered on 11/18/02, 8:48 am


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